(a)

Adoption. The 2014 revised zoning map of the Town, as such may be amended from time to time, may be known or cited as the Official Zoning Map of the Town. The 2014 revised zoning map of the Town is adopted and incorporated herein as the official zoning map of the Town, as posted in Town Hall and available for public inspection.

(b)

Boundaries. The location and boundaries of the districts designated in Article 4 of this Chapter shall be established as shown on the map entitled "Official Zoning Map of the Town," and referred to after the effective date of the ordinance codified in this Chapter.

(c)

Maintenance of map. The signed copy of the official zoning map containing the zoning districts designated at the time of the adoption of the ordinance codified in this Chapter shall be maintained on file in the office of the Town Clerk/Administrator and is made part of this chapter.

(d)

Amendments to zoning map.

(1)

An amendment to the zoning map of this Chapter may be initiated by the Board of Trustees, by the Planning Commission or by application of an owner of a property affected thereby within the Town or his or her agent, which application shall be considered only at the regularly scheduled meetings of the Planning Commission, and which amendment may be considered and enacted pursuant to the procedures described in this Article.

(2)

Amendments to the official zoning map may be made by an ordinance enacting a revised map, an ordinance adding annexed territory or an ordinance amending portions of the official zoning map by specifying the description of the property to be rezoned. A copy of the official zoning map, as amended from time to time, shall be maintained in the Town Clerk/Administrator's office pursuant to Subsection 16-4-10(a) above. Periodically, copies of the official zoning map, as amended, may be reproduced and made available to the public. No amendment to this Chapter which involves information portrayed on the official zoning map shall become effective until after such change entries have been made on the map.

(e)

Changes on map. Changes shall be entered on the official zoning map promptly after the amendment has been approved by the Town Board of Trustees with an entry on the official zoning map.

(f)

Zoning map application fee.

(1)

An application for an amendment of the zoning map shall be made on a form provided by the Town.

(2)

The application must be accompanied by a minimum nonrefundable review and processing fee which is on file within the Town Clerk/Administrator's office which represent the rate structures at the time submitted. The applicant shall also pay actual costs in excess of the established fee which are incurred by the Town relative to review and processing of the amendment.

(g)

Application recommendation.

(1)

The Planning Commission, within 30 days of receipt of the application, unless a longer time is necessary for consideration of the application for reasons specifically stated by the Planning Commission, shall recommend either approval, approval with modifications or disapproval of the application to the Board of Trustees.

(2)

The recommendations of the Planning Commission shall be transmitted to the Board of Trustees and the applicant.

(h)

Hearing; notice; time limit.

(1)

The Board of Trustees shall hold a public hearing on all proposed zoning map amendments after receiving the written report of recommendations from the Planning Commission, except as otherwise provided for variances, conditional uses and legislative zoning.

(2)

A notice of the public hearing shall be published in a newspaper of general circulation within the Town at least 15 days prior to the hearing date.

(3)

A written notice of the hearing shall be sent by certified mail at least 15 days prior to the hearing date to property owners within 300 feet of the property in question.

(4)

The Board of Trustees, within 30 days of the public hearing, shall approve, approve with modifications or disapprove the application. The decision of the Board of Trustees shall be transmitted to the Planning Commission and to the applicant.

(5)

Amendments to these regulations may be made only by ordinance.

(6)

Any submission or zoning application will only be considered for six months.

(i)

Decision review; application; right to appeal. Any person applying to the courts for a review of any decision made under the terms of this Article shall apply for review within 30 days after the date of decision and is required to pay the cost of preparing a transcript of proceedings.

(j)

Legislative zoning. Comprehensive review and reenactment of all or a significant portion of the zoning map shall be a legislative action and shall, subject to statutory requirement, not be required to meet hearing and notice criteria set forth above.

(k)

Records. The Town Clerk/Administrator shall maintain a record of amendments to the text and map of this Chapter in a form convenient for the use of the public.

(l)

Rezoning policy.

(1)

For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the rezoning of land is to be discouraged.

(2)

Rezoning should be considered if:

a.

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the Comprehensive Plan.

b.

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area;

c.

The area for which rezoning is requested is of such a nature and so located that the proposed zone change will not adversely affect existing or anticipated uses or property values in the vicinity and the proposed zone change will not result in land uses that are incompatible with the Town.

d.

The amendment is not adverse to the public health, welfare and safety.

(Prior code 17.05.010, 17.05.020, 17.40.030, 17.40.040, 17.40.050, 17.40.070; Ord. No. 680, § 1, 7-7-2015)

The regulations for the various zones provided for in this Article shall apply within the boundaries of each such zone as indicated on the Official Zoning Map. The zone boundaries, as shown on the Official Zoning Map, shall be construed to follow the centerlines of streets and alleys, to follow platted lot lines or the lines of undivided parcels of property, or to follow the Town limits, whenever a boundary is shown as approximately in the vicinity of such lines. Distances may be determined by the scale of the map.

(Prior code 17.05.040; Ord. No. 680, § 1, 7-7-2015)

(a)

An amendment to the text of this Chapter may be initiated by the Board of Trustees or by the Planning Commission, pursuant to procedures established for amending an ordinance of the Town and subject to the minimum requirements of applicable state law.

(b)

An amendment to the zoning map of this Chapter may be initiated by the Board of Trustees, by the Planning Commission or by application of an owner of a property affected thereby within the Town or his or her authorized agent, which application shall be considered only at the regularly scheduled meetings of the Planning Commission, and which amendment may be considered and enacted pursuant to the procedures described in this Article.

(Prior code 17.40.010; Ord. No. 680, § 1, 7-7-2015)

Zoning of land in the process of annexation may be done in accordance with the procedure and notice requirements of this Article. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for rezoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within, without or partly within and partly without the Town limits. This Section shall not otherwise alter or amend the requirements of the annexation ordinance.

(Prior code 17.40.090; Ord. No. 680, § 1, 7-7-2015)

Table 16-4A sets forth the individual requirements for the various zones which are part of the Del Norte Master Plan as detailed and illustrated on the Zoning Map as posted within the office of Town Hall. The use chart indicates the type of buildings and usages of building within the Town boundaries and establishes the types of buildings and usages of buildings that can occur within the areas show on the zoning map. Requirements for setbacks, lot size, building height and floor space are given for each respective zone to which such requirements apply and are set forth in Table 16-4B of this Section. Note the special provisions regarding residential use of property in the CB Zone covered in Section 16-5-70 of this Chapter. ___________

TABLE 16-4A
Use Chart

^* Within the Commercial Business District, dwelling units are subordinate to a permitted use in an existing building, and comprising not more than ½ of the floor area of the entire structure.

^** One dwelling unit incorporated as part of the building or structure.

P = Permitted Use      C = Conditional Use           Blank = Use Prohibited

Zoning Districts:      RU = Rural               CH = Commercial Highway

              R1 = Residential Medium-Density      I = Industrial

              R2 = Residential High-Density         CB = Commercial Business

                                  MHP = Mobile Home Park

TABLE 16-4B
Zoning Standards Chart

Note:

Rear yard setbacks detached garages, storage buildings and similar structures not exceeding 35 feet in height may be located not closer than 5 feet of the rear property line if a public alley is adjacent thereto. In no case shall structure be used for human occupancy.

Flagpoles, chimneys, spires, towers, lightning rods and antennae are subject to tabulated height limitation of 50 feet.

Multiple unit structures shall provide the following minimum floor space in each type of unit:

Studio apartment: 400 sq. ft. One-bedroom: 500 sq. ft. Two-bedroom: 650 sq. ft. All others mean all nonspecific uses.

(Prior code 17.31.010; Ord. No. 680, § 1, 7-7-2015; Ord. No. 717, 7-10-2019; Ord. No. 764, 7-10-2024)

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